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Disapplication of national curriculum at key stage 4


		11-16 schools

		6th form schools

		Colleges

The review of the national curriculum introduced several measures to increase flexibility in the key stage 4 curriculum, implemented in August 2000, including:

to enable pupils to maintain their learning in national curriculum subjects through a course more suited to their needs, schools may meet the statutory requirement to study design and technology, modern foreign languages and science through specified qualifications that do not meet the programme of study in full
to enable schools to include specified learning programmes in a pupil's curriculum that would not be possible alongside the full national curriculum, schools may disapply particular national curriculum subjects; the specified purposes are:
- to allow a pupil to participate in extended work-related learning
- to allow a pupil to emphasise a curriculum area in which he or she has strengths
- to allow a pupil making significantly less progress than pupils of the same age to consolidate learning across the curriculum.

Changes to disapplication arrangements at key stage 4

FAQs: Disapplication provision from 2003

Changes to disapplication arrangements at key stage

From August 2002

Simplified criteria; no longer a requirement to provide monitoring data to QCA.
Three permitted purposes remaining the same:
- for an extended programme of work-related learning
- for a curriculum emphasis
- to consolidate learning and support progress across the curriculum.
Subjects that can be disapplied remain the same:
- for work-related learning, up to two of design and technology, modern foreign languages and science
- for the other two puposes, design and technology and/or modern foreign languages.
Disapplication no longer considered exceptional and to be available to any student who would benefit from it in line with permitted purposes.

Simplified criteria from August 2002

In spring 2002, QCA carried out a consultation on the Secretary of State’s proposals to simplify the statutory criteria. The key findings were:

97 per cent of respondents agreed that key stage 4 disapplication should no longer be considered exceptional and should be available to any pupil who would benefit from provision in line with the permitted purposes
in this context, 95 per cent of respondents agreed that the number of statutory criteria that schools were required to meet should be reduced and 94 per cent agreed with the proposed criteria overall
on a specific criterion, 94 per cent of respondents agreed that there was no longer any need to gather national monitoring data from each school using the regulations.

From August 2003

Revised permitted purposes, to reflect the proposed changes to the key stage 4 national curriculum:
- design and technology and/or modern foreign languages can be disapplied for any purpose that is of educational benefit to a student
- science can be disapplied for an extended work-related learning programme
- up to two subjects may be disapplied for any one student.

Increased flexibility through revised purposes for disapplication from August 2003

In autumn 2002, QCA carried out a consultation on the Secretary of State’s proposals to revise the purposes for which disapplication is permitted at key stage 4. The key findings were:

96 per cent of respondents agreed that the intended flexibility should be made available to schools from the start of the 2003/4 academic year
89 per cent of respondents agreed that the disapplication of design and technology and modern foreign languages at key stage 4 be extended to any purpose that is in the best interest of a pupil
86 per cent of respondents agreed that disapplication of science should continue to be permitted to facilitate extended work-related learning programmes
60 per cent of respondents disagreed that disapplication should continue to be restricted to two subjects per pupil.

From August 2004

Disapplication of modern foreign languages and design and technology will no longer be necessary because they will have been designated ‘statutory entitlement areas’. They will no longer be compulsory but any student wishing to take a course in either or both will be entitled to do so.
The disapplication of science will continue to be permitted for work-related learning.

From August 2006

Disapplication of science will no longer be permitted because a revised programme of study will have been implemented. This programme of study will be smaller, updated and relevant to all students. It will be built into a flexible range of qualifications.

FAQs: Disapplication provision from 2003

Q. Will design and technology and modern foreign languages be optional at key stage 4 from 2003?

A. No, they will not be optional. They remain part of the national curriculum and the programmes of study must be taught to all students unless they have been disapplied. However, the school may offer programmes that do not include modern foreign languages and/or design and technology if a different range of courses or alternative provision would benefit the student educationally.

The school must make it clear to students and parents that, in this case the national curriculum subjects of design and technology and modern foreign languages would be disapplied. The student and parents must agree to this disapplication.

Q. Can the school’s option booklet allow students to choose different GCSE courses instead of design and technology and modern foreign languages?

A. Yes, so long as the school’s options guidance arrangements allow the school, the student and the parents to determine that these choices are in the best interests of the student. The options booklet must also make clear that such choices would require the disapplication of national curriculum subjects of design and technology and modern foreign languages. The student and the parents must agree to the disapplication.

Q. Does the school have to make provision for students to do courses in place of design and technology and/or modern foreign languages?

A. No. The school can continue to require all students to take a course in design and technology and a modern foreign language. The school determines its own curriculum, in line with statutory requirements. Neither students nor their parents have a right to disapplication.

Q. Can the school insist that either design and technology or modern foreign languages are disapplied?

A. No. The school will advise on what it believes to be appropriate provision for a student. All students have the right to the full national curriculum and therefore to take a course in design and technology and/or a modern foreign language if they wish.

Q. In what circumstances can science be disapplied?

A. Science can be disapplied for the whole of key stage 4 to create space for an extended programme of work-related learning. The definition of such a programme has not changed since 1998. It should:

offer students experience of working environments and work-related practices
provide students with the opportunity to develop literacy, numeracy and key skills through such experience
be designed to complement the education provided through the remainder of the curriculum
contribute, so far as is practicable, towards approved qualifications, whether vocational or not
not be possible to provide alongside the full national curriculum at key stage 4.

Q. Does this mean that a student taking one of the new double award GCSEs in vocational subjects does not have to take science?

A. Science could only be disapplied to facilitate a course leading to one of the new GCSEs if that course:

provided experience of working environments and working practices in line with the definition above
could not be provided alongside the full statutory requirements, ie without the disapplication of science.

It is up to the school to decide whether the disapplication of science is justified and necessary. The student and the parents must agree to the disapplication.

Q. Can a student take applied science GCSE in place of science GCSE?

A. Yes. The Section 96 list permits the use of applied science, although it does not meet the full programme of study. The student’s curriculum is modified to allow this.

Q. Disapplication is permitted for individual students. Does this mean in only a few cases? And can we disapply for a group of students?

A. Following our consultation on the simplified criteria for disapplication that came into force in August 2002, the Secretary of State confirmed that disapplication should no longer be considered exceptional. Disapplication can be considered for any student who would benefit from it. The school is responsible for ensuring that the advantages outweigh any disadvantages and therefore that the disapplication is in the best interests of the student. A decision must be taken for each individual student. However, the curriculum provision that results might be common to a number of students or a group of students.

Q. Do these changes only apply to year 10 students in 2003?

A. Yes. These changes are revised statutory arrangements that apply to students beginning key stage 4 in 2003. However, disapplication can take effect at any point during the key stage, not necessarily from the start of year 10.

Q. What are the procedures for disapplication?

A. The decision to use the disapplication regulations rests with the headteacher, who must ensure that the disapplication is in line with the regulations, that it is in the best interests of the student and that the student and parents agree to the disapplication and the curriculum provision it enables.

The school should keep a record of the students for whom the disapplication regulations have been used, the subjects that have been disapplied and for which purpose. Schools are no longer required to provide national monitoring data to QCA.

Q. Can other national curriculum subjects be disapplied? And what about religious education?

A. Other national curriculum subjects cannot be disapplied under the key stage 4 regulations. However, two further provisions permit the disapplication of any national curriculum subject in particular circumstances at any key stage:

Disapplication through a statement of special educational need applies only to students with statements. Any or all national curriculum subjects can be disapplied as part of the statement review process within the student’s annual review. Further guidance can be found in Chapter 5 of Disapplication of the national curriculum and the Code of practice on the identification and assessment of special needs.
Disapplication for a temporary period applies to all students. Any or all national curriculum subjects can be disapplied for a six month period, renewable for up to two further six month periods. Further guidance is in Chapter 3 of Disapplication of the national curriculum.

Religious education is not part of the national curriculum and so cannot be disapplied. All students must be taught the locally agreed syllabus for key stage 4 by the end of the key stage. However, parents have the right to withdraw their children from religious education lessons.

Documents to download

> Our advice to SoS (pdf file)
> Consultation report (pdf file)
> SoS response to us (pdf file)
> Wider opportunities for work-related learning
at key stage 4

DfES publications

> Disapplication of the National Curriculum (Revised), January 2003 (DfES ref: DfES/0076/2003)
> 14-19: opportunity and excellence
(DfES ref: 0744/2002Main; 0744/2002Annex; 0745/2002, summary)